The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1887-12-08
GALVESTON.
Result of the Drummer Case Be
fore United States Judge
Sabin at Galveston.
Young White Man Assasslnated
By Negro at Houston.
Special Telegram to the Statesman,

1
GALVESTON, December 6-The decision of the
federal di trict court in the noted habeas corpus
case of Robert Stockton, the Kansas CITY drum
mer, known as the drummers tax case, was re-
corded to-day. The decision was mos signal
victory for the drummers. Not only does the
court relase stockton from arrest, but prnnounces
the law taxing ummers, citizens of other states,
10 be unconstitutional, and conflict with section
viii of the federal constitution Tue opinion is ex-
haustive, and reviews the testimony of the case in
detail Stocktons arrest at Tyler on November 4
lease, are familiar facts The Traveer's Pro.
| tective association, which made the
| fight In Stockton's behalf, set up
that the law taxing drummers was equivalent to a
tax upon interstate commerce, and this view Is
sustained by the court. Judge SAbiu follows very
closely the decisions of the United States supreme
court in almost similar cases. He declares the
state law is unt institutional in far as 1t applies
10 stockton az the agent, or drummer for the firm
| of VIM. A. Wilson Co., of Kansas City. This is
equivalent to declaring the law unconstitutional
only as TO foreign drummers. The language of the
| court is very strong at times Its decision is
grounded upon the ancient principle of no taxa
ton without representation. On this point the
court says:
"What representation has the citizen of one
state in the laws of another affecting mis- com
merce therein! Precisely none. If a state can
make tax at q i upon interstate commerce 1t can
| do almost anything in that line"
In toncluding his able opinion, Judge Sabin save
"The idea OF citizen of the United States being
challenged anywhere in this nation by any power
full business in states other than his own is decid-
eddy absurd and ridiculous. The law in question
is utterly void 80 far as 1t effects the citizens of
other states, having no goods herein, but selling
herein by sample"
The following is the decree entered by the court
ordering Stockton's release:
'Ssid cause having come duly on to be heard
upon the writ returned, intervention of the state
and the evidence herein aduuceG, and argument
and counsel having been heard, aud the court hav-
ing carefully considered the same, now here ad-
JUDGES, orders and DEGREES that the re-
straint of the liberty of the said Robert
G. stockton by the said NJ. o. Meadows, conf table
OF precinct No. !, Smith county, Texas, and the
proceedings by which he Ia 30 restrained and the
law under and by virtue of which the same we're
had and sought To DO maintained, were each and
every one of them in vic alton of the constitution
of the United States and that of right and justice
the eaid Robert c. Stockton is entitled TO his
liberty and freedom from restraint, and from each
and every of the same and is further ordered
aud adjudged that he be- at once restored to his
and the state of Texas, Its officers,
agents and employees and each ana
every of them desist from all efforts to enforce
the said law under which he is arrested, upon him
the Stockton, as drummer or commercial traveller,
for the firm of W. A Wilson % Co., of Kansas
City, and In no manner further to proceed against
him, to subject him to further restraint in the be-
half whereof he had complained, herein, or which
hath herein been submitted to this court for adjudi
cation. And, it is further ordered, that Robt. G..
Stockton recover all costs herein to be paid, and
the same be certified to the honorable comptroller
of the state of Texas for payment, and that
the officers of the court have and recover their
of the respective parties herein by them respect
lively incurred, for which execution may issue as
against any one except the state OF Texas and that
as against her that no execution issue.
1t is further ordered that certified copy of the
ORDER under seal of the cour be furnished to said
5 ockton, Meadow and the attorney general of the
[Signedl CHAUScBY B. sAB1N,
U.s. District Judge of the Eastern District of Texas